BILL NUMBER: AB 251	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 6, 2013

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 6, 2013

   An act to  add Section 69959 to, and to repeal Sections
69957 and 69958 of,   amend Section 69957 of  the
Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 251, as amended, Wagner. Electronic court reporting.
   Existing law authorizes a  superior court to appoint official
reporters and official reporters pro tempore as are deemed necessary
for the performance of the duties of the court and its members.
Existing law also authorizes a  court to use electronic
recording equipment  to record an action or proceeding  in a
limited civil case,  or  a misdemeanor or infraction case,
 or for the internal purpose of monitoring judicial officer
performance. Existing law requires a court to obtain advance approval
from the Judicial Council prior to purchasing equipment. Existing
law also requires each superior court to report semiannually to the
Judicial Council, and the Judicial Council to report semiannually to
the Legislature, regarding all purchases and leases of electronic
recording equipment that will be used to record superior court
proceedings   if an official reporter or an official
reporter pro tempore is unavailable  . 
   This bill would additionally allow a court to use electronic
recording equipment in a family law case if an official reporter or
an official reporter pro tempore is unavailable.  
   This bill would instead require the Judicial Council, by July 1,
2014, to implement electronic court reporting in 20% of all superior
court courtrooms, and to implement electronic reporting in at least
an additional 20% of all superior court courtrooms annually
thereafter. This bill would also require the Judicial Council to
report to the Governor and the Legislature on the efforts undertaken
to implement electronic court reporting, as provided, by January 1,
2016. The provisions of the bill would not apply to felony cases.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 69957 of the  
Government Code   is amended to read: 
   69957.  (a) If an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case,  a
family law case,  or a misdemeanor or infraction case, the
action or proceeding be electronically recorded, including all the
testimony, the objections made, the ruling of the court, the
exceptions taken, all arraignments, pleas, and sentences of
defendants in criminal cases, the arguments of the attorneys to the
jury, and all statements and remarks made and oral instructions given
by the judge. A transcript derived from an electronic recording may
be utilized whenever a transcript of court proceedings is required.
Transcripts derived from electronic recordings shall include a
designation of "inaudible" or "unintelligible" for those portions of
the recording that contain no audible sound or are not discernible.
The electronic recording device and appurtenant equipment shall be of
a type approved by the Judicial Council for courtroom use and shall
only be purchased for use as provided by this section. A court shall
not expend funds for or use electronic recording technology or
equipment to make an unofficial record of an action or proceeding,
including for purposes of judicial notetaking, or to make the
official record of an action or proceeding in circumstances not
authorized by this section.
   (b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
the performance of subordinate judicial officers, as defined in
Section 71601  of the Government Code  , hearing
officers, and temporary judges while proceedings are conducted in the
courtroom, if notice is provided to the subordinate judicial
officer, hearing officer, or temporary judge, and to the litigants,
that the proceeding may be recorded for that purpose. An electronic
recording made for the purpose of monitoring that performance shall
not be used for any other purpose and shall not be made publicly
available. Any recording made pursuant to this subdivision shall be
destroyed two years after the date of the proceeding unless a
personnel matter is pending relating to performance of the
subordinate judicial officer, hearing officer, or temporary judge.
   (c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.

  SECTION 1.    Section 69957 of the Government Code
is repealed.  
  SEC. 2.    Section 69958 of the Government Code is
repealed.  
  SEC. 3.    Section 69959 is added to the
Government Code, to read:
   69959.  (a) Notwithstanding any other law, the Judicial Council
shall, by July 1, 2014, implement electronic court reporting in 20
percent of all superior court courtrooms not currently utilizing
electronic recording. The Judicial Council shall, annually
thereafter, phase in electronic recording in at least an additional
20 percent of the total number of superior court courtrooms. The
Judicial Council may implement electronic recording in more
courtrooms if it will result in additional savings.
   (b) The Judicial Council, shall, by January 1, 2016, report to the
Governor and the Legislature on the efforts undertaken to implement
electronic court reporting, including, but not limited to, all of the
following:
   (1) The costs incurred to implement electronic recording.
   (2) The superior courts and case types affected by the first year
of implementation.
   (3) The savings achieved in the 2014-15 and 2015-16 fiscal years
through the implementation of electronic recording.
   (4) Future implementation plans and the superior courts or case
types to be phased in during future fiscal years.
   (c) References to "court reporters" and "reporter's transcript"
throughout existing law, may include, where appropriate, electronic
court recordings for those courts that have partially or fully
implemented electronic recording.
   (d) This section does not apply to felony cases.
   (e) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2020, pursuant to
Section 10231.5.
   (2) A report submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795.